People v. Delton

882 N.E.2d 516, 227 Ill. 2d 247, 317 Ill. Dec. 636, 2008 Ill. LEXIS 5
CourtIllinois Supreme Court
DecidedJanuary 25, 2008
Docket103420
StatusPublished
Cited by268 cases

This text of 882 N.E.2d 516 (People v. Delton) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Delton, 882 N.E.2d 516, 227 Ill. 2d 247, 317 Ill. Dec. 636, 2008 Ill. LEXIS 5 (Ill. 2008).

Opinion

JUSTICE FREEMAN

delivered the judgment of the court, with opinion.

Chief Justice Thomas and Justices Fitzgerald, Kilbride, Garman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION

After a bench trial in the circuit court of Cook County, petitioner, Clarence Delton, was convicted of two counts of aggravated battery to a police officer (720 ILCS 5/12— 4(b)(6) (West 2000)) and received two concurrent 10-year prison sentences. The appellate court affirmed Delton’s conviction and sentence. People v. Delton, No. 1—02—1835 (2003) (unpublished order under Supreme Court Rule 23). Delton thereafter filed a pro se petition under the Post-Conviction Hearing Act. See 725 ILCS 5/122 — 1 (West 2004). The circuit court summarily dismissed the petition, and the appellate court affirmed. No. 1 — 04— 3729 (unpublished order under Supreme Court Rule 23). We granted Delton’s petition for leave to appeal (210 Ill. 2d R. 315(a)) and now affirm the judgment of the appellate court.

Background

Delton’s convictions stemmed from a traffic stop, which occurred around 4 a.m. on October 20, 2001. At trial, Chicago Police Officers Heubaum and Miller testified that they observed a Cadillac, driven by Delton, drive through a stop sign at the intersection of Princeton Street and China Place. The officers attempted to pull the car over, but Delton drove for another quarter of a block before stopping in a parking lot. Delton emerged from the car, shouting angrily that he was tired of the police harassing him. Although both officers instructed Delton to return to his car, Delton began to approach them. As he did so, he swung a silver chain with keys attached to the end in a menacing fashion.

The officers yelled to Delton to drop the chain and return to his car. Delton, however, continued to approach them. When Delton was within arm’s reach of Officer Heubaum, Heubaum reached forward and grabbed his arm. Heubaum was able to rip the chain from Delton’s grasp and throw it to the ground. Heubaum explained to Delton that the officers had pulled him over because he had failed to stop at the stop sign. Heubaum asked that Delton produce his driver’s licence and insurance card. Delton replied that he had stopped at “that fucking sign and *** didn’t have that shit” with him. Heubaum characterized Delton’s demeanor as angry, loud, and profane.

Heubaum told Delton that he was being placed under arrest for driving without a driver’s license and proof of insurance. When Heubaum began to instruct Delton to place his hands behind his back, Delton started to punch and kick both him and his partner. Heubaum was hit in the right elbow and the left shin. The scuffle continued for several minutes, and the officers eventually placed Delton under arrest with the help of additional officers who came to the scene. Once Delton was under control, Heubaum informed him of his rights. At that time, Heubaum noticed the smell of alcohol on Delton’s breath. He also observed that Delton spoke with slurred speech and had bloodshot eyes. Heubaum had never seen Delton before that night.

Officer Miller’s testimony corroborated that of his partner’s in most material respects. Miller stated that several of Delton’s punches hit him on the underneath of his lip and on the right side of his face, above the cheek. He was also kicked in the right leg. Photographs of Miller were introduced into evidence during Miller’s testimony. The photographs, which were taken after Delton had been brought to the station, showed Miller with a cut beneath his lower lip and with a red welt on his right cheek.

Delton’s wife, Carrie, testified that she was with her husband at the time of the incident. Delton tried to stop at the stop sign, but went partly past it. A police car was at the corner and stopped them. Delton pulled his car into the parking lot of the couple’s apartment complex. According to Carrie, Delton got out of his car and told police that he was tired of them harassing him all the time. Carrie stated that Delton was tired of the police “bothering him, the same policemen that he had made a complaint about.” Carrie said that the officers were the initial aggressors and that Delton never hit either officer.

The trial judge found Delton not guilty of driving while under the influence of alcohol and guilty of two counts of aggravated battery to a police officer. Based on Delton’s extensive criminal history, the court found him eligible for extended-term sentences. Delton received two concurrent 10-year terms.

Delton’s pro se postconviction petition alleged, inter alia, that his trial counsel was ineffective because he failed to investigate Delton’s claims involving long-term harassment by Heubaum and Miller. Delton alleged that, prior to trial, he and Carrie spoke to his attorney, with both “expressing how the complaining officers were the aggressors and that patterns of harassment had been initiated over the past by the very same officers.” Delton further alleged that his trial counsel’s failure “to request within discovery any records of Officer Heubaum and Miller regarding Office of Professional Standards files, and/or possible Disciplinary files of said Officers, prevented [him] from presenting a possible defense of self-defense, and from corroborating his story of harassment.” Delton also alleged that because the incident took place at 4 a.m. in the parking lot of a condominium complex, “someone living within ear shot surely could have been awakened by all the commotion and either looked outside their window to see what went on or, overhead the conversations of the incident.” In that respect, Delton claimed that his trial counsel’s “failure to investigate all possible witnesses to the incident” violated his right to receive effective assistance of counsel. Attached to the petition were excerpts from the trial transcript. Delton also attached a four-line affidavit 1 in which he swore that the “contents” of the petitions “are true and correct to the best of his knowledge.”

The circuit court summarily dismissed the petition in a written order. With respect to the allegations regarding counsel’s purported ineffectiveness, the circuit court found that Delton did not make the requisite factual showing in his petition. Specifically, Delton claimed that counsel should have contacted residents of the apartment complex where the incident occurred as potential witnesses. Delton, however, did not identify any witnesses, nor did he submit any affidavits from the potential witnesses indicating what their testimony would be. Further the court found that Delton’s petition was “devoid of any facts supporting his contentions” regarding his complaints about the police.

In affirming the circuit court’s judgment, the appellate court agreed that Delton failed to provide the required factual support for his claims and upheld the circuit court’s summary dismissal on that basis. No. 1—04—3729 (unpublished order under Supreme Court Rule 23). The appellate court then went on to note that even assuming that Delton had provided adequate support for his allegations, his petition failed to demonstrate that he was prejudiced under the test formulated in Strickland v.

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Cite This Page — Counsel Stack

Bluebook (online)
882 N.E.2d 516, 227 Ill. 2d 247, 317 Ill. Dec. 636, 2008 Ill. LEXIS 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-delton-ill-2008.